KAMLESH PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

(2.) Law was set into motion with lodging of the first information report on 15.3.2020 by Sri Ashish Kumar, registered as case crime no. 189 of 2020 under Section 147, 148, 149, 307, 302, 506 I.P.C. and Section 7 Criminal Law Amendment Act, police station Kotwali Auraiya, District Auraiya.

(3.) As per the allegations of the first information report, the petitioner Kamlesh Pathak along with other co accused persons armed with licensee and illegal weapons tried to grab the land of Panchmukhi Hanuman Mandir. When the local people resisted, the present petitioner and his aids started indiscriminate firing due to which Advocate Manjul Chaubey and his sister Sudha Chaubey were killed and three other persons got injured. Earlier also, the petitioner had illegally grabbed the land of Kaleshwar Bhole Baba Dev Kali Mandir and forcibly appointed his younger brother as Mahant of the said temple. On the same day, i.e. on 15.3.2020 the petitioner was arrested and case crime no. 190 of 2020 under section 25 Arms Act and case crime no. 196 of 2020 under sections 147, 148, 149, 353, 307 I.P.C. and Section 7 Criminal Law Amendment Act were registered against him and co-accused. Later on case crime no. 462 of 2020 under section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 was also registered against the petitioner and others.